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UNITED STATES v. EPPINETTE

No. 73-1362.

488 F.2d 365 (1973)

UNITED STATES of America, Appellee, v. William Charles EPPINETTE, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1973.

Attorney(s) appearing for the Case

Deborah G. Mailman, Raleigh, N.C. [court-appointed counsel], for appellant.

Malcolm J. Howard, Asst. U. S. Atty. (Thomas P. McNamara, U. S. Atty., for the E. D. N. C., on brief), for appellee.

Norman B. Smith and Smith, Patterson, Follin & Curtis, Greensboro, N. C., on brief for amicus curiae, North Carolina Civil Liberties Union Legal Foundation, Inc.).

Before CRAVEN, BUTZNER, and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

William Charles Eppinette, Jr. appeals from a judgment of conviction for failure to keep his selective service registration certificate and classification notice in his personal possession. We reverse the judgment and remand the case to the district court with instructions to enter a judgment of acquittal because nonpossession of these forms is not a crime punishable under § 12(b)(6) of the Selective Service Act of 1948, 50 U.S.C. App...

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